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SPECIAL REPORT 



OF 



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OF THE 



OHIO PENITENTIARY, 

IN RELATION TO AMENDING THE LAWS FOR THE 
PUNISHMEMT OP CRIMES. 



SPECIAL REPORT 



OF 



THE WARDEN 



OF THE 



OHIO PENITENTIARY, 



IN RELATION TO AMENDING THE LAWS FOR THE 
PUNISHMENT OF CRIMES. 



COLUMBUS: 

S. MEDARY, PRINTER, 
1850. 



REPORT. 



OFFICE OF OHIO PENITENTIARY, 

March 8th, 1850. 

Gentlemen of the Bouse of Representatives: 

In reply to the resolutions passed by your honorable body on the 
26th of March last, and also in reply to a similar resolution passed 
27th of February, ult., I here present the result of such enquiries as 
I have been able to make; and also such thoughts — the result of some 
experience and reflection — as occur to me, touching the expediency of 
amending our laws for the punishment of crimes. 

The preamble and resolutions passed March 26th, 1849, are as fol- 
lows: 

"Whereas, The punishment of crime by confining the convicts in the 
Penitentiary of the State, at hard labor, can only be justified on the 
ground that society is bound to protect itself, and its individual mem- 
bers, against fraud and violence ; and upon the further ground, that 
such confinement is intended to correct and improve the moral and 
industrial habits of the criminals, so as to reform them into useful 
and honest citizens ; and 
"Whereas, The confinement for a certain time, has, to a great ex- 
tent, failed to effect the necessary reformation of convicts ; and 
"Whereas: A system of punishment, inducing convicts to a fair con- 
sideration of the benefits of honest industry, by securing to voluntary 
exertion a proportionate reward, seems to be better calculated to re- 
form vicious habits, and transform the idle into industrious and moral 
men, than the mere confinement at hard labor without any induce- 
ment to voluntary exertion; therefore 

"Resolved, That the Warden of the Penitentiary, is hereby request- 
ed to enquire into the expediency of so amending the laws for the 
punishment of crimes, that the convict be sentenced to perform a cer- 
tain number of days' work, instead of serving a certain number of 
years ; substituting about three hundred days' work, for one year's 
confinement at hard labor, under our present criminal code. 

"Resolved, That said Warden is hereby requested to report the re- 
sult of his enquiry, on this subject, to the next session of the Legis- 
lature." 



This proceeding on the part of our General Assembly, had its origin, 
no doubt, in a sincere and philanthropic desire to devise some plan 
for reforming the vicious, to mitigate the severity of punishment, and 
at the same time, secure the just ends sought to be attained by crimi- 
nal enactments, namely : protection and safe-guards for life and prop- 
erty. 

The proposition propounded by the resolutions of the General As- 
sembly, is an important one, and deserving, not only on account of its 
intrinsic merits, but from the source whence it emanates, an extensive 
enquiry, patient thought and reflection, and the application of experi- 
ence in regard to the operation of systems of prison discipline, in order 
to present a report of any value, or to meet in any desirable degree, 
the views of the Legislature. 

I regret that circumstances have prevented me from giving the sub- 
ject that extended consideration, which, perhaps, was expected. 1 
had intended to visit the penitentiaries of several of the States, and 
by personal observation and enquiry, to have learned something of 
the practical operation of different systems of prison discipline ; and to 
have embodied the results of my investigations, in this report, to aid 
in reaching some satisfactory conclusion, upon the point suggested 
in the resolutions. But the extraordinary sickness and mortality in 
the prison, occasioned by the prevalence of the cholera, covered the 
entire period of time which I had set apart for these personal investi- 
gations in distant States ; and hence I am not so well prepared to an- 
swer the demand upon me, as could be desired. 

The idea of issuing a circular, occurred at a late date; and I accord- 
ingly addressed a circular to many individuals, distinguished by their 
philanthropy, and by their experience in prison discipline. A few 
answers only have been received to the circular, owing, doubtless, to 
the fact, that the Legislature convened so soon after its date, that the 
individuals addressed, supposed they could not reply in time for the 
report. 

I here embrace the opportunity to tender my acknowledgments to 
those distinguished and philanthropic gentlemen, who have replied to 
my circular ; and I herewith transmit their replies as worthy of grave 
consideration. 



5 

From these replies, as well as from general observation, the grati. 
fying fact is disclosed, that the eminent, the pure minded, the 
humane, are not unmindful of the fallen, the degraded, the vicious, 
the criminal, the vile. They seem to remember that they are but 
men, and that nothing which pertains to humanity is foreign from them. 
Happily, the impression is giving way, that man once fallen is for- 
ever lost. The tone and temper of society in regard to criminals is 
rapidly changing. The benignant eye of Philanthropy, has pierced 
the gloom of the prisoner's cell. The voice of kindness and encour- 
agement has broken upon his ear, and he feels that he is not entirely 
cut off from the sympathies of his kind ; and hope and motive springs 
up in his darkened and depraved mind, and the heart indurated by 
crime and wickedness, is touched and softened. 

Time was, when the criminal of high or low degree, was cut off 
without sympathy and without regard. He was shunned, dreaded and 
detested like some rapacious beast of prey. The thought of his re- 
clamation and restoration to society, seemed never to have occurred ; 
a miracle would as soon have been expected. Criminals thus regard- 
ed, were thrown promiscuously into crowded, filthy, ill-provided pris- 
ons, to herd together, to fester in their own vice, shame and depravity, 
sinking and debasing each other lower in moral turpitude. 

But a change has been wrought. The "science of prison discipline" 
is having its due importance awarded to it. Prison associations are 
springing up in the eastern cities, and their benign influence is begin- 
ning to be felt in the Western States. 

There has been a great and rapid change in the minds of the peo- 
ple of our own State in this respect. A deep sympathy prevails 
among all classes of our citizens in behalf of the incarcerated convict. 
Not that sickly sympathy which would relax the force of just and due 
punishment, but that heartfelt humanity which recognises the con, 
demned criminal as a man, and admits the possibility of his reclama- 
tion ; and puts forth a generous and disinterested effort for that end 
The earnest, the almost sublime enquiry then is : How can the necessary 
severity of the prison discipline be tempered with marcy I This is well 
and honorable to our common humanity. This earnest enquiry, this 
praiseworthy solicitude, prevailing all over the country, must be pro- 
ductive of great good ; and must ultimately result in the establishment 
of a perfect system of prison discipline. The different systems now 



in vogue, are but experimental. The subject is yet in its infancy.— 
But experiments and experience, will lead to important improvements. 
No system can be worthy of adoption which looks to punishment alone, 
which metes out so much vengeance for so much crime committed. 
That system can only begin to approach perfection, which looks to the 
reclamation and restoration of the fallen, to the confidence and privileges 
of society. 

Many are so debased, obtuse and indurated in their moral perceptions,, 
by a long course of vicious conduct and outrageous crime, as to be 
beyond the reach of any reclaiming influence. But this is not true 
of all. 

My experience is, that the majority of convicts are susceptible of 
permanent influences from kindness, from sympathy, from being re- 
cognized as men, having claims upon our common humanity. All 
are not hardened in crime ; all are not steeped in the deepest dye of 
criminality. 

The low and the ignoble are not alone represented in the convict's 
cell. Some of the very best families in the State, wealthy, intellegent 
and virtuous, have relatives in the Penitentiary. Husbands, fathers, 
sons, brothers, are there. This will continue to be the case. Scarcely 
any father of a son can feel that he is entirely safe ; for as good, as 
wise, as virtuous as he, have had their hearts riven by the conviction 
of a thoughtless, graceless, vicious son. 

A large number of young men now in prison, are of respectable 
parentage ; and parents, brothers, sisters and other friends, mourn their 
fall, and share in their disgrace. And many a heart-broken wife as 
she gathers her little flock around her, mourns over the fate of a con- 
vict husband. And shall nothing be done to restore these, strengthen- 
ed in virtuous purposes, to the arms of friends, to the enjoyment of 
once happy homes, and to the gradual confidence of society? Shall 
they not have an opportunity given to retrieve themselves ? Can the 
discipline of the prison be so perfected as to accomplish this in a ma- 
jority of cases ? But how ? The adoption of any new scheme will 
be but a matter of experiment. Theories may appear plausible, but 
experiment alone can bring them to the test. 

The plan suggested in the resolutions might be fraught with much 
good; it might accomplish all that the most sanguine could expect. 
But from what little experience I have had, I am led to doubt whether 



the multiplication of inducements to physical toil, will tend very great- 
ly to mend the manners, and improve the heart. 

The moral susceptibilities are to be reached and restored to healthy 
action in some other form. 

The plan proposed in the resolutions, of working a certain number 
of days for a year, will readily present many difficulties and objections. 
Some of these will be found stated with precision and force in some 
of the letters herewith transmitted. And yet intelligent men in theo- 
rizing upon the subject, without the benefit of an experimental test, 
may properly enough differ in their views on this subject. I do not 
say the plan proposed is not worthy of a trial. It might accomplish 
more than I should expect, and indeed come up to the expectations of 
such as have most confidence in it. But if the proposed measures 
should be adopted, it would be necessary to make many other changes 
in the discipline of the prison, or it must needs fail of beneficial results. 
To offer suggestions, however, on this point, would be going beyond 
what the resolutions contemplated, and I therefore refrain. I am the 
more influenced to this, by the fact, that my limited experience in pris- 
on discipline, suggests many objections to the plan proposed. 

If a convict were permitted to do two days' work in one, he might 
utterly prostrate his health, and those who failed to do as much, would 
be dissatisfied — complaints of unfairness would be felt or made ; there 
must necessarily be different kinds of work, which would not always 
be equally apportioned with precision— ^dissatisfaction would ensue, 
which would be likely to have an influence upon the good order and 
cheerful subordination of the prison. There would be as many, prob- 
ably more, discouraged than encouraged by this system. 

Again, a convict might become diseased after sentence and be una- 
ble to labor, or he might become disabled for life by some accident. 
In such cases, the proposed plan would operate unequally. It may 
be said, the law should provide for such cases. In that event, the 
convict would many times have a powerful motive to practice decep- 
tion, or even to maim himself. Such things have been resorted to. 

On the other hand, a really diseased, debilitated convict, from his 
anxiety to lose no time, might even feign a measure of health which 
he did not possess, and thereby peril life itself. It certainly would not 



8 

be a humane act to put a man in close confinement in the midst of 
such inducements to hasten his release. Neither physically, mentally 
nor morally, could he be thus benefited. 

If the proposed plan were adopted, it should be made to apply to all 
now in prison, for the convicts of a single prision, should be all put 
upon the same regimen. But that system only, can be desirable, which 
will apply with just exactitude to all ; to the old, the young, the fee- 
ble, the athletic, and even to the prisoner for life. On the plan pro- 
posed, the infirm could not have an equal chance with the rest ; hence, 
the effect might be deleterious upon the disipline and due subordina- 
tion of the prisoners. 

For the reasons above stated, my enquiries have not been as com* 
plete and extensive as I desired and intended. Had they been, I 
might have come to a different conclusion from that to which my own 
limited experience and enquiries conducted me. 

My present convictions are, that the plan proposed in the resolutions, 
substituting days' works as the measure of incarceration, should not 
be adopted, unless accompanied with alterations and changes of a 
minute and extensive character in the mode of prison discipline. I 
should hardly feel at liberty here, and under the present call, to go into 
a detailed statement of the changes which would be necessary in order 
to make the plan reasonably harmonious in operation, even were I 
now prepared to do so. 

I am the more constrained to withhold suggestions of this character, 
from the fact, that as at present advised, the plan contains in my judg- 
ment, radical defects ; the most important of which, have been, per- 
haps, already noticed. 

All of which is respect, ully submitted, 

LAURIN DEWEY, 

Warden, 



CORRESPONDENCE 



Warren, 0., November 25, 1849. 

Sir :— Your circular of the 5th inst., enclosing House Resolutions 
of March 16th, 1849, has just been received. 

I have not time to reply at any length; still the subject is of suffi- 
cient importance to justify a reply, although I have only mere sugges- 
tions to make, or rather to submit for the consideration of those who 
will have time to reflect upon the subject. 

1st. I do not believe there is much prospect of reformation of a 
criminal when all motive is cut off. The human mind is so constituted 
as to need a stimulus for any efficient action, be it good or bad. The 
vice of our penitentiary system, as a school of reformation, seems to 
me to be a want of the proper stimulus. How to remedy the defect 
in the best manner is a problem quite difficult of solution. ; 

In the reflection which I have bestowed upon the subject, it has oc- 
curred to me, that if the sentences of the courts upon conviction, could 
be uniformed and proportioned to the grade of crime, and in general, 
much less severe than are now frequently inflicted, and also the par- 
doning power restricted to cases of doubtful crime or supposed inno~ 
cence, it would be a very great improvement. 

Then as a motive to industry and good behavior, I would provide 
grades of merit. 

Say that each successive period of 300 days of industry and good 
conduct, should count for one year's confinement, absolutely and with- 
out any pardon. 

And as a farther inducement I would allow to every convict the 
avails of his labor after deducting the expenses of the State. 

I look upon industry as a most efficient obstacle to vice. Its op- 
posite, (idleness,) is the mother of evil. Hence, when a 'convict ac- 
quires a habit of industry, and exhibits it, he shows by an overt act, 
that he has made some progress in the work of personal reformation. 
Surely that system of prison disipline, must be wofully defective, that 
furnishes no sufficient motive for acquiring industrious habits, and for 
good behavior. 

The force of fear and rigid discipline may keep convicts in order, 
aad at work ; yet there is no soul to that species of morality or in- 



10 

dustry. It is but sullen labor and obedience. There needs be some- 
thing of good will and cheerfulness in it. In some sort or other, let 
these objects be effected, and the chance of making the penitentiary a 
place of reformation as well as punishment, will be increased most 
mightily. Necessarily there should be provision made for sound, moral 
instruction. That is however, now a most efficient part of the system, 
(at least in theory,) and I need say no more about it. 
Very Respectfully, Yours, 

M. BIRCHARD. 



Boston, November 27, 1 840, 

Mr Dea# Sir i — A variety of occupations has hitherto prevented 
me from acknowledging the receipt of your letter of the 5th inst.— 
I think it no more than fair to state at the outset, that I do not consider 
my opinions upon the subject of prison descipline as of any value what- 
ever. The science of prison discipline, for it may now fairly be called a 
science, is experimental purely, and can only be advanced by the ob- 
servations of experts, and the inferences drawn from those observa- 
tions by unbiassed thinkers. The speculations of a person familiar 
with the subject only through books, and observing men only in their 
normal state, can do but little for it. I should have hardly answered 
your letter but for the apparent discourtesy which such neglect would 
nave involved. 

As to the particular point to which your enquiry is directed, the 
expediency of substituting a certain amount of labor for a certain 
period of time of labor — I not only see no objection to it, but should 
think it certainly advisable as an experiment, provided you are sure of 
being able to meet and obviate the practical difficulties which you have 
doubtless considered ; including its possible effect upon the government 
and dicipline of the Institution. But, as to the immediate moral effect 
upon the prisoner himself, I confess I feel somewhat skeptical. I 
do not see the relation between the two things. A considerable por- 
tion of the convict population of the country, I hold to be so far gone 
in evil courses, as to be incapable of permanent reformation ; and that 
whatever evidence they may give of it, is only that cheap virtue which 
exists merely in the absence of temptation. And as to that portion 
which is susceptible to moral reformation, — the proportion of which 
probably varies in different prisons — I do not see that labor in itself 
can exert a distinctly reformatory influence. Regular labor, and regu- 
lar habits, generally put the mind in a fit state for the reception of moral 
influences, but are not themselves distinct moral influences. Indeed 



11 

it is the distaste to labor — the wish to enjoy the fruits of toil without 
toil, which puts most convicts into prison. Moral reform is to be 
effected by arguments and considerations addressed partly to the 
understanding, and partly to the conscience, by convincing the prison- 
ers that wrong doing is not only a crime, but a mistake. Much may 
be done by sound religious teaching and judicious intellectual training ; 
one awakening new motives, and the other supplying fresh resources ; 
but success in this respect will depend very much upon the the char- 
acter of the particular teacher or chaplain. Much will depend also 
upon the nature of the discipline by which the prisoner is governed, 
which should always be parental, and never forgetting the common 
humanity of the convict and his keeper. A single act of wanton or 
excessive punishment might neutralize all the good influences of many 
months, by the irritation of mind, and the revengeful feelings which 
it would call forth. 

In conclusion, 1 have only to repeat, that the experiment, as to which 
you enquire, is certainly worth the trying, and you have my best wishes 
that you may be able to deduce something from it, which may help 
to advance the science of prison disipline. 

I remain with sincere regard, 

Your ob't servant, 

GEO. S. HILLARD. 



New York, December 15, 1849." 

Bear Sir :-*— I have your circular dated the 5th tilt. The princi- 
ple embodied in the subjoined resolutions of the Legislature of your 
iState, strikes me as not merely sound, but of great practical value. 
If I might venture to suggest any improvements in the details, I -would 
propose : 

1st. That two hundred and fifty days of faithful efficient labor, with 
forty well spent Sabbaths, should be held to constitute a year's con- 
finement in the State Prison. 

2d. That each day of inefficiency, through sickness or otherwise, 
should not count at all towards the satisfaction of the law's sentence. 

3d. That each instance of insubordination, wilful idleness, insolence 
or other decided ill-conduct, should not merely count nothing towards 
the prisoner's discharge, but should count one day back, or be held 
to balance and efface one day's good conduct. 

4th. That each instance of deliberate and serious contumacy, should 
offset and extinguish a week's good behavior. 



12 

5th. That participation in a conspiracy to escape, or to offer any 
kind of violent resistance to the prison authorities, should be punished 
by additions of one to three months to the term of the prisoner's sen- 
tence, according to the seriousness of the offence. 

I think that these, or a part of them, would somewhat improve 
the workings of the principle in question. But with or without them, 
I am for it heartily. 

Yours, 

HORACE GREELEY. 



Washington, December, 17, 1840. 

Dear Sir : — I have the honor to acknowledge the receipt of your 
letter of the 5th of November, in which you solicit my opinion upon 
a grave and important question of penitentiary disipline. 

I have no practical acquaintance with any penitentiary in which the 
punishment of criminals is denned by days' labor, instead of periods 
of imprisonment with hard labor ; and I cannot confide in my specu- 
lative opinions, without the aid of experience to offer for your conside- 
ration. 

I confess that I do not percieve that the measure suggested in the 
enquiry, would be necessarily benign in its operation, unless excuses 
of ill-health and accident were allowed ; and that, if such excuses 
were allowed, then it would seem to me probable, that there would 
be great danger of relaxation of discipline. But my opinion may 
very probably be affected by prejudice in favor of the existing system* 
I am, with great respect, 

Your obedient servant, 

WILLIAM H. SEWARD. 



Bellville, December 24, 1 84$. 

Dear Sir : — 1 have received your circular of the 5th tilt.,, together 
with the Resolutions of the Legislature appended thereto, in due 
course of the mail; but my business has so interfered as to prevent 
me from giving that attention to the subject which its importance 
demands. 



13 

The Legislature seems to have come to the conclusion that the con- 
finement of convicts to hard larbor in the penitentiary, has, to a great 
extent, failed to effect their reformation, and they propose to enquire 
whether the system can be so changed as to effect that object. 

The first enquiry should be as to the fact (which- seems to be taken 
as granted by the Legislature,) whether the system has failed, for it 
is more easy to find fault or condemn present systems than to prescribe 
remedies. 

If in devising the present penitentiary system, it was expected that 
all the inmates of the prison, or even a majority of them, would be 
"changed into useful and honest citizens,'' then indeed the system has 
failed. I do not believe that this was expected, even by the most san- 
guine friends of this measure. It was, no doubt, expected that the 
confinement to hard labor, with proper restraints, accompanied with 
moral culture, that many of these offenders against the laws of God 
and their country, would be led to turn their thoughts inward, re- 
view their past lives, and thus become convinced of their errors. It 
was, do doubt, supposed that such reflections being thus forced upon 
them, might in many instances, produce sincere repentance, and in- 
duce them to form strong resolutions to amend their lives. That this 
is the result in numerous instances, I have no doubt. I believe many 
of them leave the prison with a full determination to conduct them- 
selves in future so as to retrieve their lost characters, and become 
"honest, useful citizens." Nor have I any doubt that in many instan- 
stances, these noble resolutions are strictly adhered to through their 
future lives. I am fully satisfied that not a few of these individuals, 
by their prudent and correct deportment after leaving the prison, have 
deservedly obtained the good will and esteem of their fellow citizens, 
and retained it to the end of their lives, who, had they never served a 
tour in the penitentiary, would have persevered in their wicked course 
to the end of their lives, and would have gone down to their graves 
abandoned vagabonds. 

But it may be said that many return to their bad habits and again 
become inmates of the prison. This is no doubt true to some extent, 
but not so great an extent as many suppose. From an examination of 
the prison register, I think it will appear that second convictions of the 
same persons, will not exceed ten per cent, of the number released. 

One object of the present penitentiary system, in the punishment of 
offenders, is to deter others from the commission of crime. It is 
contended by some, that in this respect, the system has failed. When 
we recur to the fact that there are in the State of Ohio, not less than fif- 
teen hundred thousand persons of an age to commit crime, and that 
the convictions in the State have not in any one year, exceeded one 
hundred and fifty, I. think it may well be claimed that some portion 
of the inhabitants have been deterred from the commission of crime by 
the fear of punishment. 

But admitting that the present system has failed to a great extent 
in transforming the convicts into "honest men and worthy citizens/' 



14 

would the change proposed by the Legislature be likely to produce this 
desirable result I I am inclined to the opinion that it would not. 

The proposition, as I understand i^, is, that instead of sentencing the 
convict to hard labor in the penitentiary, for a certain number of years, 
that he be sentenced to perform a certain number of days of hard 
labor, allowing three hundred days for one year. By this plan, a pris- 
oner of sound constitution and good health, might perhaps, shorten 
his term one-third by performing six days labor in four ; but would he 
on that account leave the prison a more honest man or useful citizen? 
I doubt very much whether it would have any such tendency. Hav- 
ing performed the labor of twelve months in eight, he would be very 
Hkely tb injure his constitution, and so impair his health so as to unfit 
him for earning his living by honest labor. But I would inquire what 
would be the effect of this plan upon prisoners with shattered consti- 
tutions and poor health. Would not their sentences be lengthened? 
This would surely be the case where a prisoner would be twelve days 
in performing six days' work. That there are many such prisoners, all 
persons acquainted with the past experience of the Ohio Penitentiary, 
know well. Perhaps it will be said that the Courts, in passing sen- 
tence, could determine on the ability of the convict tojperform hard 
labor, and graduate the number of days' work to be performed accord- 
ing to such ability. A little reflection will satisfy any person that 
there would be much uncertainty in a rule of this kind. A man might 
be very stout and healthy at the time of trial, who might be quite 
otherwise in a few months or even weeks afterwards. Or he might at 
the time of his trial be very feeble, and a few months afterward be 
healthy and strong. 

From these considerations, and many others which might be enume- 
rated, I am decidedly of opinion that the change proposed, would 
have no salutary influence in the reformation of convicts. 

I have no doubt, however, thaUhe system might be improved, but 
in a different way. 

The sentences of prisoners in my opinion are altogether too long. I 
would be in favor of reducing them to at least one-half, while at the 
same time, I would discourage as much as possible all pardons, except 
where there was a probability that the prisoner was not guilty. 

I would prohibit the carrying on of any business within the peni- 
tentiary which requires persons to change their position from one point 
to another; and in short, make such provisions by law as would enable 
the Warden in the management of the prison, to prevent the prison- 
ers from having communication with each other, and also prevent 
persons employed by the Contractors from holding conversation with 
the prisoners, or giving them the slightest information as to what was 
passing outside of the prison. 

I would be in favor of affording every facility consistent with their 
sentence, in infusing into their minds correct moral principles. I 
would make it the duty of the Warden to notify the Governor (one 
month before the expiration of the term of each prisoner,) when his 
time would expire, and in such notice, specify what his character and 



16 

conduct had been while a prisoner, for the purpose of having him re- 
stored to his rights as a citizen, if his conduct had been good, but in 
no instance to restore where the conduct had been bad. 
With these crude, hasty remarks, I remain, 

Very truly yours, <fec. t 

JOHN PATTERSON, 
Col, l>< Dewet, Warden, 



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